Legal Opinion

State ex rel. Harris v. Herrmann

Supreme Court of Missouri

Decided April 15, 1882PublishedCited by 58 opinions

Appeal from, St. Louis Court of Appeals. This was a proceeding by way of information in the nature of a quo warranto, filed by the State through the •circuit attorney, at the March term, 1881, of the St. Louis court of appeals. The information charged that the defendant had usurped the office of notary public within and for the city of St. Louis, and prayed judgment of ouster.

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Appeal from, St. Louis Court of Appeals. This was a proceeding by way of information in the nature of a quo warranto, filed by the State through the •circuit attorney, at the March term, 1881, of the St. Louis court of appeals. The information charged that the defendant had usurped the office of notary public within and for the city of St. Louis, and prayed judgment of ouster. In his answer the defendant set up that on the 22nd day •of August, 1878, being legally qualified, he was duly appointed and commissioned by the Governor of this State to said office for a term of four years from said…

1Opinion of the CourtSherwood, C. J.

This cause has been re-argued upon the single point of the constitutionality of the 4th section of the notary act. Sess. Acts 1881, p. 172. That act is as follows:

An act to regulate the appointment of notaries public in all cities having a population of 100,000 inhabitants or more, and to vacate the offices of all notaries public in office in such cities ten days after the taking effect of this act.

Be it enacted by the General Assembly of the State of"

Missouri, as follows:

Section 1. The Governor shall appoint and commission, in all cities having a population of 100,000 inhabitants or more,…

2Cases cited2 opinions

  1. State ex rel. Lionberger v. TolleSupreme Court of Missouri · 1880
  2. Devine v. Board of CommissionersIllinois Supreme Court · 1877

3Cited by58 opinions

  1. State v. JulowSupreme Court of Missouri · 1895
  2. City of Topeka v. GillettSupreme Court of Kansas · 1884
  3. State ex rel. Dickason v. County CourtSupreme Court of Missouri · 1895
  4. Boyd v. City of MilwaukeeWisconsin Supreme Court · 1896
  5. Simpson v. MatthewsSupreme Court of Arkansas · 1931

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